Tag: Tax evasion

Plenary suspends ADI judgment on registration of cigarette companies

Source: State Law - Salvador / BA - 21/10/2010

The Plenary of the Supreme Federal Court (STF) suspended on Wednesday afternoon (20) the judgment of the Direct Action of Unconstitutionality (ADI) 3952, proposed by the Christian Labor Party (PTC), which challenges the law that allows the cancellation, by the Secretariat of the Federal Revenue, the special registration necessary for the functioning of the tobacco industries (article 1 of Law 9.822 / 99). The rule allows the registration to be canceled in the event of non-payment of taxes or contributions. ADI's analysis is expected to continue in Thursday's session.

PTC also disputes Article 2 of Decree-Law No. 1.593 / 77, which allows the company to appeal against the Revenue's decision, but determines that this appeal has no suspensive effect, that is, it does not allow the factory to function until it is completed, judicially or administratively, whether or not there has been tax evasion.

The Federal Attorney General, Luiz Inácio Adams, defended the action as unfounded, stressing the understanding that the procedure provided for in Decree-Law 1.593 / 77 is triggered only in view of the “recalcitrance (disobedience) of the taxpayer in complying with a tax obligation certified in another process in which the adversary had already exercised ”.

The Brazilian Institute of Competitive Ethics (ETCO), the Union of the Tobacco Industry in the state of Rio Grande do Sul (Sindifumo-RS) and the Union of the Tobacco Industry of the State of São Paulo (Sindifumo-SP) also manifested in the gallery. .

Over a thousand companies investigated for fraud

Source: O Globo - Rio de Janeiro / RJ - 21/10/2010

SÃO PAULO and RIO. More than R $ 2,4 billion. This was a loss for public coffers due to tax evasion and other practices by 1.086 companies in 12 states in the country. In addition to assessing these companies, the operation to combat the evasion of the National Group to Combat Criminal Organizations (GNCOC) launched yesterday presented 405 complaints, involving 678 people.

The estimated loss in tax evasion was R $ 1,372 billion. But the investigation, carried out by a task force that brought together state prosecutors, finance departments and the Civil and Military police, also estimated a gap of over R $ 1,093 billion in other non-criminal irregularities (administrative infractions such as non-payment of taxes , which can be negotiated through installments or discharge).

According to the balance of the operation, 61 complaints were filed against 31 companies in Rio alone, totaling R $ 112 million in tax evasion.

Rio's Public Prosecutor's Office (MPRJ) denounced 90 people for tax crimes and corruption. Only three fuel distribution companies owe together R $ 101 million for ICMS tax evasion. In São Paulo, there was a leak of R $ 547 million in tax evasion, which represents 30% of the total.

The partner of Dínamo Distribuidora de Petróleo (whose name has not been released), located in Duque de Caxias, is accused of not passing on R $ 42 million of tax to the tax authorities between September 2005 and April 2008. With fines and monetary correction, debt reaches R $ 98 million. In four complaints, prosecutor Reinaldo Lomba, of the MPRJ's Coordination for Combating Tax Evasion (Coesf), asks for the arrest of Dínamo's partner for up to 111 years.

MPRJ also denounced the administrator of Arrows Petróleo do Brasil, in Niterói, which has a tax debt of R $ 1,3 million, and the two partners of Petrogold Distribuidora, which owes R $ 2,4 million and is located in Duque de Caxias. Early last night, GLOBO called the three companies, but no one answered. Dynamo's lawyer, Elmiro Chiesse Júnior, did not return calls.

Bahia participates in operation on the National Day to Combat Tax Evasion

Source: Tribuna da Bahia - Salvador / BA - 20/10/2010

On Wednesday (20), National Day to Combat Tax Evasion, a task force carried out an operation against this type of crime in the capital of Bahia. Coordinated by the National Group to Combat Criminal Organizations (GNCOC), the operation was carried out in 12 states plus the Federal District by the Public Ministry (MP) and the state finance departments.

In Bahia, the objective is to establish an intensive performance aiming at the efficiency of the inspection and increase of the collection, through the prevention of tax frauds. Within this context, the State has been developing joint actions with the Public Ministry; State Secretariat for Public Security (SSP); Delegation of Economic Crimes and Against Public Administration; National Agency of Petroleum, Natural Gas and Biofuels (ANP) and Bahia Institute of Metrology and Quality (Ibametro).

Inspection was carried out simultaneously at three gas stations, two from the same network in the Graça neighborhood and one in Cidade Jardim. The establishments were investigated for allegedly selling adulterated gasoline and for not issuing a tax coupon. For the action, two groups were created, each with representatives of all the bodies involved. In total, 27 servers (seven from the State Finance Secretariat, eight from the SSP, four from the MP, four from the ANP and four from the Ibametro) checked the fuel nozzles in the tank, the amount of fuel, the price-quantity ratio (if the that is registered in the pump is what comes out of the nozzle), the seals of the devices of the pumps, and collected material to identify if there is conformity of the fuel - the latter is analyzed in laboratory by the ANP, later.

It is the second consecutive year that this type of action is taken. In 2009, the operation recovered R $ 4 billion in funds for the country that should have been collected from public coffers, but that were unduly diverted. In the fuel sector, R $ 1 billion was recovered.

Starting in November, the Treasury Department will intensify inspections at gas stations in the capital and inland over the three-month period.

MP denounces 59 individuals and companies accused of withholding ICMS

Source: Minaspetro - Belo Horizonte / MG - 20/10/2010

The Coordination for Combating Tax Evasion (Coesf), of the State Prosecutor's Office, today denounced to Justice 59 individuals and companies, accused of tax crimes and tax corruption. Together, they would have withheld R $ 112,526 million in ICMS in the period from 2005 to 2009. The complaints are part of the National Operation to Combat Tax Evasion, which takes place today across the country.

Appointed as head of a gang that worked at the State Finance Secretariat, former income inspector Francisco Roberto da Cunha Gomes, known as “Chico Olho de Boi”, now appears in 27 more complaints. In October 2009, together with five businessmen, he had already been denounced for connection with the scheme of corruption and tax evasion investigated by Operation Propina S / A. In this case, the charge is illicit payments made by companies to ensure that they would not be fined for ICMS debts or that their fines would be reduced. In February this year, Governor Sérgio Cabral issued a decree dismissing “Chico Olho de Boi”.

In the new MP complaint, the main sector accused is the fuel distribution area. Three companies would have evaded about R $ 100 million. The main one, based in Duque de Caxias, is the target of four complaints. In the period between May 2008, 2009 and March 18, 2006 alone, the company would have failed to collect R $ 2007 million. Tax assessments for 13 and 11 amount to R $ 12 million. On June 1,55 and 1, tax evasion would amount to R $ 2005 million. The same distributor would also have caused a loss of R $ 2006 million between September XNUMX and March XNUMX.

Also headquartered in Duque de Caxias, the other distributor denounced owes R $ 1,3 million of ICMS to the state, for the period 2008 and 2009. The third distributor operates in Piratininga, Niterói. According to the MP, the company would have evaded about R $ 1,3 million, between December 2007 and March 2008.

PF launches operation against sale of medicines over the internet

Source: Abril.com - São Paulo / SP - 19/10/2010

Criminals used websites, classified in newspapers, forums and social networks to sell anabolic steroids, abortion pills, appetite suppressants, home medicines and unregistered formulas.

The Federal Police launched this Tuesday (19), with the support of the National Health Surveillance Agency (Anvisa), Operation Panacea against the sale of medicines over the internet. The action takes place in 45 countries associated with Interpol, the international police.

According to the PF, 20 search and seizure warrants are being carried out in the states of Rio de Janeiro, Maranhão, Minas Gerais, São Paulo, Paraíba, Santa Catarina and Ceará. Criminals used internet sites, classified in newspapers, forums and social networks to sell anabolic steroids, abortion pills, appetite suppressants, home medicines and unregistered formulas.

The Federal Police say that the purchase of medicines over the internet can involve major health risks. There are records of drugs that have less or more of the active ingredient.

In Brazil, the sale of drugs without a license or adulteration are heinous crimes, whose sentences can reach up to ten years in prison and a fine.

ANP signs (13/10) technical cooperation agreement with Sefaz-CE

Source: Gazeta New - Aracaju / SE - 13/10/2010

ANP SIGNS TODAY (13/10) TECHNICAL COOPERATION AGREEMENT WITH SEFAZ-CE

ANP director Allan Kardec Duailibe signs today (13/10), a technical cooperation agreement with the Ceará State Finance Secretariat for the inspection of fuel dealer stations. The signing ceremony will be attended by the governor of Ceará, Cid Gomes, and the state finance secretary, João Marcos.

The event will be held at the Iracema Palace, at the Governor's office, at 16 pm on October 13. The agreement, which will last for 36 months, will allow SEFAZ-CE inspectors to carry out inspection actions at dealer points, effectively contributing to combating fuel adulteration.

Currently, the ANP has an agreement with the finance departments of Brazilian states: Bahia, Espírito Santo, Goiás, Mato-Grosso, Pará, Paraíba, Pernambuco, Rio de Janeiro, Rio Grande do Norte and Tocantins.